New research by the Rule of Law Project has revealed that the Independent Police Investigative Directorate Act (IPID Act) contravenes certain notions of the Rule of Law, as contained in section 1(c) of the Constitution, as well as the provisions in t…

The Free Market Foundation’s (FMF) exclusion from the expropriation without compensation (EWC) parliamentary hearings is an affront to South Africa’s participatory democracy and the land rights struggle.…

75% of the National Assembly vote would be required to change the Constitution to allow general expropriation without compensation, not 66% as the ANC and EFF believe, according to Robert Vivian, Professor of Finance and Insurance, Wits School of Eco…

If the Constitution is to be amended to provide for expropriation without compensation (EWC) – something South Africans of all stripes should oppose in principle – there are either safer or more dangerous ways to go about it.…

South Africa and other societies spend untold millions on combating the scourge of corruption. Conferences are held on how to fight it more effectively and entire academic fields are dedicated to analysing it.…

In “The Rule of Law vs the Constitution” (7 August 2018) Sydney Kaye writes of how the Constitution of South Africa itself falls foul of its own commitment to the supremacy of the Rule of Law, as expressed in section 1(c) of the text.…

It seems the African National Congress (ANC) is determined to press ahead with the expropriation of property without compensation. This raises a number of constitutional questions. These questions and offered answers have appeared in the press.…

If the constitutionality of the Subdivision of Agricultural Land Act (Act 70 of 1970) was challenged in the Constitutional Court it would likely lead to the repeal of the subdivision restriction on farmland.…

In what spirit was the Hate Speech Bill drawn up? To add a moral imperative to South African law? To fulfil an aspect of social justice, a vague concept that has gained traction in academia and politics?…

South Africans will only have one month to submit comments on government’s plan to amend the Constitution to provide for expropriation without compensation before the Constitutional Review Committee will begin public hearings.…

It is now well-accepted in South African constitutional jurisprudence that the Constitution’s guarantee of equality in section 9 is not merely concerned with ‘formal’ equality (equality at law), but endorses a notion of ‘substantive’ equality.…

South Africa’s unemployed people are subjected to the appalling indignity of being denied the right to negotiate freely with potential employers who, in turn, are prevented by the labour laws from employing them on mutually agreeable terms.…